Renting in a flatshare: how to write (and terminate) the lease?
A roommate is the rental by several tenants (roommates) of the same dwelling becoming their main residence. It can take the form of a single lease signed by all roommates, or as many rental contracts as there are roommates. In both cases, the flatshare obeys specific rules and legal framework.
A new form of colocation has emerged: coliving. It could be defined as being halfway between a shared apartment and a short stay in a hotel. In a context of difficulties of access to housing related to rising rents and the saturation of city centers such as Paris, coliving was born. In general, the average duration of the occupation of a coliving is 10 months. It is therefore not a short-term rental lease, furnished tourist type, but a furnished rental year-round, classic defined by the law of March 24, 2014, known as the ALUR law.
What type of rental contract for a flatshare?
The landlord has the choice between 2 possibilities: have all the roommates sign a single lease or have each roommate sign a lease.
1.La single lease colocation
The single lease has the advantage of being able to contain a solidarity clause, and a clause of indivisibility between co-tenants, allowing the lessor, in the event of unpaid rent by one of the residents, to be able to claim it from any joint tenant.
2.La multi-lease flatshare
In this case, each roommate has an individual lease contract independent of the others. The parties are free to decide whether or not to use the model contract.
1.La single lease colocation
The single lease has the advantage of being able to contain a solidarity clause, and a clause of indivisibility between co-tenants, allowing the lessor, in the event of unpaid rent by one of the residents, to be able to claim it from any joint tenant.
- If the tenant leaves without giving leave, he remains a roommate and therefore required to pay the rent.
- The leave of one of the tenants does not terminate the contract that continues with the remaining roommates. The owner cannot impose their departure.
2.La multi-lease flatshare
In this case, each roommate has an individual lease contract independent of the others. The parties are free to decide whether or not to use the model contract.
- Each roommate is liable for his share of the rent.
- The leave of one of the roommates terminates his contract and there is no commitment to the other roommates at the end of the notice.
- Each guarantor is only committed up to the share of rent for which the co-tenant for whom he is guarantor is liable.
How do I cancel the shared tenancy agreement?
To terminate a shared lease, the roommate must rely on his rental contract to know the type of rented accommodation because the notice period that will apply is different depending on whether it is furnished or empty.
In some cases, the notice period for an unfurnished shared apartment may be reduced to 1 month. But the tenant must justify one of the following situations:
Once the notice period has been established, it is necessary to inform the lessor by:
- Furnished accommodation, the notice is 1 month.
- Unfurnished accommodation, the notice period is extended to 3 months.
In some cases, the notice period for an unfurnished shared apartment may be reduced to 1 month. But the tenant must justify one of the following situations:
- The state of health of the tenant justifies a rapid change of residence (attested by a medical certificate)
- The accommodation is located in a tense area
- The tenant gets a first job, has lost his job or finds a new job or is transferred
- The tenant benefits from the Active Solidarity Income (RSA) or the Disabled Adult Allowance (AAH)
- Housing obtained through personalized housing assistance is granted to the tenant (low-rent housing, housing/young workers' homes, etc.)
Once the notice period has been established, it is necessary to inform the lessor by:
- A hand delivery against receipt
- Registered letter with acknowledgment of receipt
- Bailiff's deed
What are the rules to respect in a flatshare?
- The legal framework must be respected: drafting of a specific colocation lease.
- An inventory is mandatory.
- Home insurance is also mandatory
- The owner is entitled to request a security deposit.
- The landlord may ask the tenants for a joint and several deposit.
- The inventory of fixtures of exit takes place at the departure of all the roommates or at the departure of the last.
There are two types of surety: the simple surety and the joint and several surety.
In the case of a simple surety, the lessor claims payment of the debts to the tenant by bailiff, before calling on the surety. In the case of joint and several surety, he may appeal directly to the surety to settle unpaid.
What is the legal framework for a flatshare?
The Alur law intervened to change the regulation of colocation and set its fundamental principles:
Certain standards apply in order to be able to legally constitute a roommate:
Each tenant must submit a rental file. Decree No. 2015-1437 defines the list of supporting documents to be provided, including proof of income.
The lessor, for his part, must have a rental permit which, according to Decree No. 2016-1790 and its location of the property, gives him the possibility to choose between the declaration of rental or prior authorization.
- The dwelling is the principal residence of all tenants.
- The rules of shared accommodation are the same for furnished and empty flatshares.
- Contracts must be signed by all roommates.
- Payments can be made through provisions or through a lump sum.
- Each inhabitant can give leave independently of the others
Certain standards apply in order to be able to legally constitute a roommate:
- In the case of an individual lease, the individual parts must be at least 14 m² and 33 cubic meters.
- In the case of a collective lease, the surface of the dwelling must be at least 9 m² for one person.
- It is necessary to add 9 m² per additional person for the single lease.
- The maximum number of persons occupying a single dwelling is 8 persons.
Each tenant must submit a rental file. Decree No. 2015-1437 defines the list of supporting documents to be provided, including proof of income.
The lessor, for his part, must have a rental permit which, according to Decree No. 2016-1790 and its location of the property, gives him the possibility to choose between the declaration of rental or prior authorization.
Ce qu’il faut retenir :
- A roommate is the rental by several tenants (roommates) of the same dwelling becoming their main residence.
- A new form of colocation has emerged: coliving.
- The lessor has the choice between 2 possibilities: have all the roommates sign a single lease or have each roommate sign a lease (multiple leases)
- Some rules are to be respected such as: the subscription to a home insurance, the drafting of a specific lease, the establishment of inventory of fixtures of entry and exit and many others
- The Alur law intervened to change the regulation of colocation and set its fundamental principles
- In the case of furnished accommodation, the notice to terminate a shared tenancy is 1 month.
- In the case of unfurnished accommodation, the notice period is extended to 3 months.
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Posted on 08/02/2023 by
Andy LECUYER
